GULABI Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal by the sole appellant Gulabi is to his conviction under Sections 394/397 I.P.C. with imposed sentence of seven years RI recorded by 6th Additional Sessions Judge, Bareilly in S.T. No. 26 of 1981 (State Vs. Gulabi) relating to P.S. Kotwali, District Bareilly.

(2.) IN short, prosecution allegation against the appellant is that on 5.10.1980 at 7.15 P.M., he along with one of his associate robbed victim Niranjan Prasad of his wrist watch HMT Vijay No. 130277 HS with golden dial and white steel chain and caused him injuries with knife. While victim Niranjan Prasad P.W.-2 was grappling with robbers, he was shrieking for help, which attracted P.W.-1 informant constable Rishi Pal Singh, constables Om Pal Singh and Surendra Pal Singh towards the spot and they witnessed the scuffle and muscle flexing in between the three persons. All the police constables chased the culprits, who spotting them meanwhile had sprinted away and appellant was apprehended. Informant P.W.-1 Rishi Pal Singh prepared the arrest and recovery memo and brought the arrested accused along with fainted victim P.W.-2 Niranjan Prasad to the police station Kotwali where P.W.-1 dictated FIR Ext. Ka-2, which was registered as crime no. 1824 of 1980, under Sections 392, 307, 411 I.P.C. on 5.10.1980 at 8.30 P.M. mentioning the distance between the scene of the incident and police station to be one mile.

(3.) APPELLANT Gulabi had also sustained injuries in the same incident and he too was sent for medical examination along with the victim and his medical examination was conducted on the same day at 9.20 P.M. vide Ext. Ka-12 and following facts were noted by the doctor in his medical report:-